Thompson v. Smock
Thompson v. Smock
Opinion
William Robert Thompson, Texas prisoner #824551, filed an untimely notice of appeal from the district court’s dismissal of his 42 U.S.C. § 1983 complaint. The district court entered an order apprising Thompson that he must file no later than December 27, 2007, a motion pursuant to Fed. RApp. P. 4(a)(5)(A) for an extension of time to file his notice of appeal. The order informed Thompson that he must show excusable neglect or good cause to justify the granting of an extension.
Thompson did not comply with the district court’s order. He has not filed a motion for an extension of time to file his notice of appeal or any pleading that might be construed as such.
A timely notice of appeal is a jurisdictional requirement. Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007). The absence of a timely notice of appeal in this case means that this court lacks jurisdiction over the appeal. Id. The instant appeal is therefore DISMISSED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- William Robert THOMPSON, Plaintiff-Appellant v. Sandra SMOCK; Charles Adams, Doctor; University of Texas Medical Branch Galveston Texas, Defendants-Appellees
- Status
- Unpublished